PRACTICE AREA: Labour & Employment

... what is referred to as “bootstrapping.” This is the situation where a party seeks to supplement what would otherwise be considered deficient evidence with allegedly “new” evidence and arguments on appeal.

Employee filed complaint under Employment Standards Code for vacation pay and holiday pay; employer contended that "vacation pay" in agreement also included holiday pay; umpire found this inconsistent with employer's obligations to keep records and provide written statement separating out vacation and holiday pay under Code